In a significant ruling, the Supreme Court has upheld the validity of Section 6A of the Citizenship Act, which recognizes the Assam Accord and grants citizenship to Bangladeshi refugees who arrived in India before 1971. A five-judge constitutional bench, led by Chief Justice of India DY Chandrachud, delivered the verdict with a 4:1 majority, where Justice JB Pardiwala dissented. The bench also included Justices Surya Kant, MM Sundresh, and Manoj Misra.
Key Provisions of Section 6A
The enactment of Section 6A in 1985 aimed to provide citizenship to refugees from Bangladesh (then East Pakistan) who had entered India between 1966 and 1971. This rule was introduced as part of the Assam Accord, a political agreement signed on August 15, 1985, between the central government and leaders of the Assam movement, in response to the massive refugee influx during the Bangladesh Liberation War.
In the ruling, the bench stated, “Non-resident Indians who came from Bangladesh between January 1, 1966, and March 25, 1971, are eligible for citizenship. Those who have already obtained citizenship under this will retain their citizenship.”
Demographic Concerns in Assam
The petition that led to this ruling contended that the arrival of Bangladeshi refugees had affected the demographic balance in Assam, impacting the cultural and political rights of the state’s original residents.
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However, Chief Justice Chandrachud acknowledged that Section 6A was enacted as a “political solution” to a unique problem, stating, “The number of migrants in Assam and their impact on culture is significant due to the state’s smaller land area compared to West Bengal.”
Cut-Off Date and Conditions for Citizenship
The court upheld March 25, 1971, as a reasonable cut-off date for granting citizenship, clarifying that those who entered Assam after this date are not eligible for Indian citizenship. Justice Surya Kant emphasized, “Citizenship can be conferred between the cut-off dates subject to fulfilling the conditions. Immigrants who enter after March 25, 1971, cannot be granted citizenship.”
The Supreme Court also highlighted that while Assam faced higher cultural and demographic impacts due to the influx, the central government acted appropriately by restricting the scope of Section 6A to Assam and not extending it to other regions.
